Experienced Paternity Lawyer In Bloomfield Hills, Michigan
Paternity disputes affect parents and children alike. You may need to establish who holds legal parental rights, secure child support or protect your relationship with your child. At Delia A. Miller, PLLC, we listen to your concerns and build a legal strategy around your situation. Whether you are a mother or a father, our Bloomfield Hills paternity lawyer can explain your rights and help you decide what to do next.
How To Establish Paternity In Oakland County, Michigan
Unmarried parents in Michigan can establish paternity by signing a voluntary Affidavit of Parentage. Both parents sign the form in front of a notary or other authorized witness, and the completed form must be filed with the state. Once filed, the affidavit creates a legal parent-child relationship without a court hearing.
Before you sign, understand what the form does and does not do. It establishes legal paternity, but the mother keeps initial custody until a court orders otherwise. If you doubt that the man named on the form is the biological father, talk to an attorney before you sign.
When parents disagree about paternity, genetic testing can resolve the question. The Family Division of Oakland County Circuit Court can order a DNA test and consider the results when it decides whether to establish paternity. As an experienced family attorney, Delia A. Miller can walk you through each step and prepare you for hearings.
Navigating Custody And Support After Establishing Parentage
Establishing paternity gives a parent the right to ask for child support, custody and parenting time, but it does not decide those issues automatically. You will usually need separate court orders to set a parenting schedule and a support amount. Michigan courts decide custody and parenting time based on the child’s best interests, and they calculate child support using each parent’s income and the parenting time schedule. Clear orders help both parents understand their responsibilities and give your child more stability.
If You Are Married When Your Child Is Born
Michigan law generally treats a married woman’s husband as her child’s legal father, so married parents usually do not need an Affidavit of Parentage. If someone else may be the biological father, the situation gets more complicated. Challenging the husband’s legal status requires a court action with strict eligibility rules and deadlines. If you are in this position, speak with an attorney before you take any step that could affect your parental rights.
Can You Revoke An Affidavit Of Parentage?
You have 60 days to rescind a signed affidavit. After that, you must file a complaint or motion with the court under Michigan’s Revocation of Paternity Act. You must also swear to specific grounds, such as fraud, duress, mistake of fact, or misrepresentation or misconduct. The court may order genetic testing and will consider your child’s best interests. Strict filing deadlines apply, and a revocation does not erase child support you already owe. If you believe you signed an affidavit in error, act quickly and talk with an attorney about your options.
Why You Need A Local Bloomfield Hills Paternity Attorney
Paternity disputes raise hard questions about family relationships, financial support and parental rights. Handling them alone can lead to delays or to agreements that do not protect your interests. A local attorney can explain your options, prepare your paperwork and represent you in court if the dispute goes to a hearing.
Attorney Delia A. Miller represents clients in parentage matters before the Oakland County Circuit Court. With experience in litigation and alternative dispute resolution, Delia A. Miller can help you weigh your options. When both parents are willing to cooperate, negotiation or collaborative methods can resolve disagreements without a contested hearing.
Talk To A Paternity Attorney Today
You do not have to face a paternity dispute alone. Call us at 248-453-9142 or send us a message to discuss your situation and your options. We will give you clear advice and personal attention as you work through Michigan’s paternity and parentage laws.